11/09/1983
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MUNICIPAL CODE ENFORC8~lliNT BOARD
November 9, 1983
Members present:
John Ehrig, Chairman
Don Winner, Vice-Chairman
Paul Carnahan
Robert Hostetler (arrived 2:20 p.m.)
Robert Yankanich
Absent:
John Gerlach
Sallie Parks
(excused)
(excused)
Also present:
Thomas A. Bustin, City Attorney
Susan Vanable, Attorney for the Board
Cyndie Goudeau, Secretary for the Board
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The meeting W&S called to order by Chairman at 2:01
Commission Meeting Room in City Hall.
and advised any aggrieved party may appeal a rinal administrative
order of the Municipal Code Enforcement Board to the Circuit Court
of Pinellas County. Any such appeal must be riled within thirty (30)
days of the execution of the order to be appealed. He noted that
Florida Statute 286.0105 requires any party appealing a decision of
this Board to have a verbatim record of the proceedings to support
such an appeal.
p.m. in the
He outlined the procedures
PUBLIC HEARDfGS
CASE NO. 54-83
James Tracey
207 Coronado Dr. (Fire Code)
Inspector Goodloe reviewed his investigations
and stated that the soda acid fire extinguisher on
been banned by the state legislature as of July 1, 1983. The
needed a five pound ABC fire extinguisher to meet the code.
reported he had been unable to contact Mr. Tracey personally and had
sent a certified letter on September 22, 1983. Mr. Tracey did call
and speak with Inspoctor Goodloe after receipt of the September 22
letter. The property was reinspected and found the situation
unchanged.
of the property
the premises had
property
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Mr. Tracey was not present at the public hearing.
notice of the hearing on October 21, 1983.
He received
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Mr. Winner moved that regarding Case Ho. 54-83 re: violation
of Sections 4A-21.38 S.F.M. Rules & Regulations and Fla. Statute
Chapter 633 of the Clearwater City Code on property with a legal
description as follows: Columbia Sub, Elk B, S. 50' of W ~ of Blk
1 located at 207 Coronado l>rive, the Huniclpal Code i::nforcernent Board
has heard testimony at the Municipal Code Enforcement Board hearing
held this 9th day of November, 1983, and based on the evidence, the
Municipal Code Enforcement Board enters the following Findings of
Fact, Conclusions of Law, and Order.
The Findings of Fact are: As testified to by the Fire
Inspector, Mr. James Tracey does not have properly certified fire
extinguishers on the premises as required by State law and is aware
that such certified fire extinguishers are required.
The Conclusions of Law are: Mr. Tracey is in violation of
State Fire Marshall's Rules and Heguiations and with the Florida State
Statutes governing Fire Safety.
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It is the Order of this Board that Mr. James Tracey shall
comply with Sections 4A - 21.38 S.F.M. Rules and Regulations and Fla.
Statue Chapter 633 of the Code of the City of Clearwater by November
14, 1983. If Mr. Tracey does not comply within the time specified,
he shall pay a fine of $25.00 per day for each day the violation
continues to exist. If Mr. Tracey does not comply within the time
specified, a certified copy of this Order, together with an Affidavit
of Non-Compliance, shall be recorded in the public records of the
Office of the Clerk of the Circuit Court in and for Pinellas County,
and once recorded shall constitute a lien against the property upon
which the violation exists, pursuant to Chapter 80-300 Laws of
Florida, 1979. Upon complying, Mr. Tracey shall notify James E.
Goodloe, the City Official who shall inspect the property and notify
the Board of compliance. Should a dispute arise concerning
compliance, either party may request a further hearing before the
Board. The aotion was duly seconded and carried unanimously.
Done and Ordered this 9th day of November, 1983.
CASE NO. 56-83
Baki Ballowski
1641 Illnois (Building Code)
Elton Reichardt, Building Inspector, reported inspection was
made as a result of the complaint regarding a six foot fence in the
front yard of the property at 1641 Illnois St. Inspection was made
and found the fence to be in place. No permit had been issued.
It was of excessive height and in the front setback. A red tag was
issued, giving Mr. Ballowski until the 13th of October to comply with
Section 131.205 of the Building Code. The fence was not removed as
of the 13th of October and a Notice of Violation was issued. The
property was reinspected on this date and the fence was found to still
be in place.
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11 /9 /83
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Mr. Shemzi Dallowski stated he was the cousin of Hr. 13aki
Ballowski and reported they would bring the fence into compliance.
Mr. Winner moved that regarding Case No. 56-83 re: violation
of Section 131 .205 of the Clearwater City Code on property with a
legal description as follows: Lot 32, Rollins Sub., located at 1641
Illnois, the Municipal Code Enforcement Boal'd has heard testimony
at the Municipal Code Enforcement Board hearing held this 9th day
of November, 1983, and based on the evidence, the Municipal Code
Enforcement Board enters the following Findings or Fact, Conclusions
of Law, and Order.
The Findings of Fact are: Mr. Ballowski has constructed a
fence that is in violation of city code due to lack of permit,
improper height, improper setback and facing improperly.
The Conclusions of Law are: Mr. Ballowski is in violation
of Section 131.205 of the Clearwater City Code.
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It is the Order of this Board that Mr. Ballowski shall comply
with Section 131.205 of the Code of the City of Clearwater by November
14, 1983. If Mr. Ballowski does not comply within the time specified,
he shall pay a fine of $10.00 per day for each day the violation
continues to exist. If Mr. Ballowski does not comply within the time
specified, a certified copy of this Order, together with an Affidavit
of Non-Compliance, shall be recorded in the pUblic records of the
Office of the Clerk of the Circuit Court in and for Pinellas County,
and once recorded shall constitute a lien against the property upon
which the violation exists, pursuant to Chapter 80-300 Laws of
Florida, 1979. Upon complying, Mr. Ballowski shall notify Elton
Reichardt, the City Official who shall inspect the property and notify
the Board or compliance. Should a dispute arise concerning
compliance, either party may request a further hearing before the
Board. The ~tionwas duly seconded.
Discussion ensued regarding the amount of time it would take
to get the proper permitting and also the fact that Baki Ballowski
was not there to represent himself.
Mr. Winner amended his motion to make the compliance date
November 28, 1983. The seconder accepted the amendment. Upon the
vote being taken on the amended ~tion, it carried unanimously.
UNFINISHED BlSIRESS
CASE NO. 26-83
Lawrence C. Millender
901 Palmetto St.
Mr. Winner moved to accept the Affidavit of Compliance. The
~tion was duly seconded and carried unanimously.
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CASE NO.. 41-83
Jeralne Burt
1109 Tangerine St.
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Mr. Hostetler moved to accept Affidavit of Compliance.
motion was duly seconded and carried unanimously.
The
MIlER BOARD ACTION
The Secretary read into the record a
Albrecht, Land Planning and Engineering,
lein filed against the property at 705
letter from Johnson and
stating objection to the
Court St regarding Case #12-81
The City Attorney requested direction of the Board regarding
the dispostion of the checks submitted by Mrs. Russell in the Case
#7-81. He stated numerous attempts have been made to contact Mrs.
Russell to work out a plan to use the funds to bring the structure
into compliance with no success. Mr. Hostetler moved that if within
seven days contact connot be made and a plan for resolution regarding
this case be worked out, the checks are to be cashed by the City and
the fine is to continue to accure. The ~tion was duly seconded
and carried uanimously.
Susan Vanable of the City Attorney's office in St. Petersburg
was introduced to the Board. The City of St. Petersburg's City
Attorney's office will be providing the attorney for the Board.
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HIH1J1'ES
12, 1983,
approved as submitted.
unanimously.
The Chairman presented the minutes of the meeting of October
for consideration. Mr. Hostetler moved the minutes be
The ~tion was duly seconded and carried
Mr. Yankanich requested the status of the guidelines suggested
by the former attorney to the board regarding procedures for requests
for abatement or reduction of the fines. The Secretary was directd
to work with the current attorney for the board in developing those
guidelines.
The meeting adjourned at 2:52 p.m
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Attest:
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11 /9 /83
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